CERD is the acronym for the International Convention on the Elimination of All Forms of Racial Discrimination, which is a foundational international human rights treaty. The United Nations General Assembly adopted this Convention in 1965, and it entered into force on January 4, 1969. It was created to solve the problem of racial discrimination globally, building upon the 1963 Declaration on the Elimination of All Forms of Racial Discrimination and spurred by the international movements against colonialism and apartheid.
The Convention defines "racial discrimination" in Article 1 as any distinction, exclusion, restriction, or preference based on race, colour, descent, or national or ethnic origin which impairs the enjoyment of human rights and fundamental freedoms. Article 2 obligates State Parties, including India, to pursue a policy of eliminating racial discrimination in all its forms, including by reviewing and rescinding laws that perpetuate it. A key mechanism is the requirement in Article 4 for States to criminalize hate speech and prohibit organizations that promote racial discrimination. Furthermore, Article 2(2) mandates States to implement "special or concrete measures," often referred to as affirmative action, to correct situations of racial inequality.
The implementation of CERD is monitored by the Committee on the Elimination of Racial Discrimination (CERD Committee), an institution composed of 18 independent experts established under Article 8. State Parties must submit periodic reports to the Committee detailing their progress, which the Committee reviews, issuing recommendations. The Convention connects to the broader framework of international human rights law, particularly the Universal Declaration of Human Rights, which its Preamble invokes. Recently, the CERD Committee has issued new interpretations of the treaty's obligations through General Recommendations, such as General Recommendation No. 40, which provides a legal case for broad reparations for harms resulting from the transatlantic slave trade. This demonstrates the Convention's evolving application to address the continuing consequences of historical discrimination.